1.1 Please read these Terms and Conditions ("Terms and Conditions") carefully before using the https://www.actionfiguresindustries.com website (“the Service”, “the Website”) provided by Nicholas Amanatidis trading as Action Figure Industries ABN 61 423 285 023(“Action Figure Industries”, “AFI”, "us", "we", or "our").
1.2 By visiting our website and/or purchasing something from us, you engage in our Service and you agree to be bound by these Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our Website. If you disagree with any part of these Terms and Conditions, then you may not access the Service.
1.3 Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms and Conditions on your behalf.
1.4 These Terms and Conditions apply to all users of the Website, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.5 You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions. Any new features or tools which are added to the current Service shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website.
1.6 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.
2. TERMS OF SALE
2.1 By placing an order, you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price.
2.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange pages for further information.
2.3 When you place an order, you will receive an acknowledgement email confirming receipt of your order. That email will only be an acknowledgement and will not constitute acceptance of your order.
2.4 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2.5 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
2.6 The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
2.7 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorised or illegal transaction is suspected or any other reasons.
2.8 Unless otherwise provided for in these Terms and Conditions, you may not cancel or amend your order (including the delivery address or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement.
2.9 A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
3. PRODUCTS, ITEMS OR SERVICES
3.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.2 We have made every effort to display as accurately as possible the colours, condition and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour or condition of an item or product will be accurate.
3.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
3.4 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3.5 Some of our items and products are collectables, and some are second hand. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4. AVAILABILITY, ERRORS AND INACCURACIES
4.1 We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
4.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
4.3 The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
4.4 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.5 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. PRE-ORDER ITEMS AND PRODUCTS
5.1 Any item purchased by the user on pre-order will pay 100% of the price on pre-order. There are strictly no refunds or in-store credits available for pre-order purchases in accordance with our Refunds Policy.
5.2 We do not warrant the condition or delivery time of any pre-order items. Some items can take up to 12 months to be delivered to the user and we will not be held responsible for any delays due to suppliers.
7.1 Our Website may accept payments using PayPal & AfterPay.
7.2 We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
7.3 Gift Cards will be E-Gift Cards only and are sent in an email with a gift code. Gift Cards are issued in Australian dollars are redeemable on our Website. They are not redeemable for cash or travellers cheques. No change will be given for a purchase made with an E-Gift Card. The E-Gift Card expires 12 months from the date of issue or date of purchase for E-Gift Cards. E-Gift Cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the card holder will be required to make up the difference with an alternate form of payment. Your gift card is treated as a form of tender and cannot be used on Afterpay, ans Paypal. E-Gift Cards should be treated like cash. Action Figure Industries disclaims all responsibility for lost or stolen cards. Gift Cards may be for our partners and suppliers’ websites, in which case such Gift Cards may be subject to any terms and conditions imposed by those partners and suppliers.
8. CONTESTS AND PROMOTIONS
9. user comments/feedback
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10.1 In addition to other prohibitions as set forth in these Terms and Conditions, You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
11.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Service.
11.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
11.3 You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
11.4 You may not use as a username the name of another person or entity, which is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
12. sharing content
12.1 By sharing personal content to any of our websites, review portal, social media pages or by email, you agree that we may utilise any images for promotional purposes. Copyright passes to Toy Universe when you share the content.
13. INTELLECTUAL PROPERTY
13.1 The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Action Figure Industries and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Action Figure Industries. Nothing in these Terms and Conditions constitutes a transfer of any Intellectual Property rights from us to you.
13.2 You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms and Conditions.
13.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
13.4 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
13.5 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
14. LINKS TO OTHER WEB SITES
14.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Action Figure Industries. Action Figure Industries does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
14.2 Action Figure Industries has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Action Figure Industries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
14.3 We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
14.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
15.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
15.2 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
15.3 All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15.4 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
15.5 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
16.1 As a condition of your access to and use of the Service, you agree to indemnify, defend and hold harmless Action Figure Industries and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and Conditions and any applicable law or the rights of another person or party.
16.2 This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
17. LIMITATION OF LIABILITY
17.1 You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
17.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
17.3 In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
17.4 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
17.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us
18.1 The information contained on the Website is for general information purposes only. Opinions expressed and statements made in the Service are those of the contributors and do not necessarily represent the views of Action Figure Industries.
18.2 Action Figure Industries assumes no responsibility for errors or omissions in the content on the Website.
18.3 In no event shall Action Figure Industries be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Website or the Service. Action Figure Industries reserves the right to make additions, deletions, or modification to the Website or the Service at any time without prior notice.
18.4 Action Figure Industries does not warrant that the Service is free of viruses or other harmful components.
18.5 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
18.6 Action Figure Industries its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
18.7 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
18.8 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
18.9 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
19. GOVERNING LAW
19.1 These Terms and Conditions shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
19.2 Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
20.1 We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new Terms and Conditions taking effect.
20.2 It is your sole responsibility to periodically check these Terms and Conditions for any changes. If you do not agree with any of the changes to these Terms and Conditions, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance of the Terms and Conditions, as amended.
21.1 If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms and Conditions. Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and executed by Action Figure Industries.
22.1 Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
23. ENTIRE AGREEMENT
23.1 These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Action Figure Industries.
24. CONTACT US
24.1 If you have any questions about these Terms and Conditions, please contact us on [email protected].